Sen. Sheldon Whitehouse (D-R.I.) and others on a Judiciary panel dismiss out of hand the case for nonjury health courts, and Philip Howard (The Death of Common Sense, Common Good) wonders whether the Senate majority is going to give its trial lawyer constituency a veto over health reform:

Special courts without juries are common in America and include courts for bankruptcy, tax disputes, workers compensation and more. America has a long history of using expert courts when there is a need for expertise and consistency. It's hard to imagine any area that needs consistent justice more than health care.